An incident report for the hotel could only be several paragraphs. The report lists guests who were involved, outlines the incident, names the personnel who responded, and records when the management was informed.
This report may raise more questions for attorneys than it is able to provide an answer. Who was accountable for supervising these employees? Was surveillance footage preserved? Was the property in compliance with its policies? Did the property have previous interactions not included in the report.
These questions illustrate why litigation involving hospitality often necessitates an examination of standard business records before witness testimony commences.
Begin with the Documents that were created during normal operations
The records are maintained by hospitality businesses to plan, guest services, training of staff and security, as well as management and much more. Although these records were not created to be used in court, they are useful for understanding how a business performed during a specific incident.
A professional witness in hospitality might review staffing plans and operating procedures, as also employee training records, logs of security, and recordings from surveillance cameras to determine the roles that are assigned to each employee. A written policy may require the manager to respond to any employee who has reported an intoxicated customer.
In the course of investigating the incident, it is important to determine whether the manager was involved and if a report was issued, and from the evidence what the response was. Instead of assuming that procedures were followed or ignored it is important to evaluate how actual operations actually occurred.
Restaurant records require their own Interpretation
The investigation process in restaurants is difficult because employees must divide their time between cooking food, serving customers, and managing the dining area. A professional witness in the restaurant industry can demonstrate how decisions made by employees affect their decisions based on these responsibilities.
Take a look at an incident that occurred in the dining area that involved a patron who purchased alcohol at the bar prior to taking a seat. The bar receipt may record the order at first, and the records from the dining room will record the subsequent orders.
However, those records might not establish the information that the table server had about the prior service. Looking at all the data together like server assignments and time-of-transactions as well as management notes and employee statements, can help to clarify the order of events. There is a distinction to be made when it comes to alcohol: the fact that it was sold does not necessarily mean that staff members recognized the presence of alcohol.
Casino Investigations may require different records
Casinos operate beverage programs that differ significantly from conventional restaurant service. Other sources of information include complimentary drinks serving mobile cocktails, mobile cocktail servers as well as gaming floor supervisors.
A Casino expert witness may review the beverage staffing arrangements, surveillance footage, security reports and employee communication. Traditional sales receipts can give an inaccurate account if drinks are offered for free.
In such a case the investigation could depend heavily on surveillance, employee observation and service records as well as the documented procedures of the premises. The expert needs to also recognize limitations in the evidence rather than relying on an uncomplete record as proof of an event.
Save the Evidence Prior to It is lost forever.
The preservation of documents that are time sensitive is a major concern in the context of litigation that involves hospitality. Certain surveillance systems only preserve recordings for a certain period of time. Different departments or systems could archive employee calendars, internal communications as well as incidental documentation. Attorneys should be able to locate relevant documents and implement the appropriate steps in the early stages.
The scope of the investigation depends on the nature of the accusations. The extent of the investigation will be contingent on the allegations. A specific review can help determine the records that are pertinent without having to assume that all departments played any function.
Understanding the paperwork is easier with experience from the operational side.
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting is a company that he established in the year the year 2010. He has provided advice to the resort, restaurant and hotel owners across the United States.
He has served as an expert witness in trials involving resorts, hotels, casinos and restaurants for both the plaintiffs and defense counsel. His operational knowledge is helpful in the interpretation of records that appear simple to someone unfamiliar with the management of hospitality.
Staffing schedules, for example you can identify the person who was assigned to work. To determine if those assignments were under appropriate supervision requires knowledge of the model of service for the property and operating conditions.
Clarity in the questions is the first step to a stronger argument
An early review by an expert can help lawyers distinguish between documents and unresolved issues. It can identify records that should be requested and also define the operational terms that is used in depositions.
There are many reasons why discrepancies may not be indicative of an operational failure. Not every policy that proves that the correct procedures were adhered to.
A professional analysis of hospitality is helpful when it explains these distinctions using relevant evidence and recognized practices. Understanding the business before asking employees to answer questions in a hospitality case can help attorneys prepare an argument that is an unbiased and trustworthy examination.